Jump to content
Panasqojoe

REFUSAL OF K1 VISA

 Share

43 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Consulate does not matter, controlled by local laws.

I know that but my point was for her not to think that "wedding" is best evidence for marriage. If the consulate denied them visa with the assumption that they are married, they can't use that same stance to deny a CR-1 visa for lack of better evidence to suggest marriage..

I hope you get my point.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

I do not what constitutes proof of marriage where he is, I doubt they have it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: AOS (apr) Country: Cyprus
Timeline

I know that but my point was for her not to think that "wedding" is best evidence for marriage. If the consulate denied them visa with the assumption that they are married, they can't use that same stance to deny a CR-1 visa for lack of better evidence to suggest marriage..

I hope you get my point.

Unfortunately yes they can and they do. They can be considered too married for a K1 and not married enough for a CR1. That is the absurdity

of the CO's in lots of cases. Their discretionary powers can refuse and return a petition due to speculation and assumptions found to be untrue.

Rather than going through another return OP must make sure the legal local law on marriage has been upheld and submit evidence to prove it.

As it stands now only the OP knows if the "ceremony or traditional celebration" was enough to get it registered or if anything more must be done

before registering with the proper registry.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

If you did the traditional wedding , make sure you still receive a marriage certificate. My husband and I had an a white wedding and not a traditional one. The pastor signed the certifcate, but we have to get another one fro the AMA. I had to get a letter from the registrar stating that the marriage took place. and another certified copy. I-130 is the petition that if filed for a visa for a relative /spouse. CR-1 is the category of the I-130 for people married less than 2 years. I think the cr stands for "conditional residency".

Link to comment
Share on other sites

Filed: AOS (apr) Country: Cyprus
Timeline

About the letter to close my refused K1 visa should my fiance attach it to the new spouse visa form and send both together to the uscis office or should send both separate.

Also will there be any special information to be added to the letter to close my K1 visa or I will just state DUE TO THE FACT THAT AM GETTING MARRIED I WISH TO CLOSE MY K1 VISA AND START WIT A SPOUSE VISA APPLICATION.

again we are confused about the type of spouse visa to apply for since we knw Lil about them all..

so with our case which should we choose...K3, I-130, CR-1????

Send with the same petition.

Date/name/DOB/case number/221g if given.

Or have a cup of coffee instead and forget about withdrawing it as I said the new petition will cancel the old one out.

You and your petitioner now need to spend some time researching how to file a spousal visa.

K3 is obsolete, no.

Petitioner files a I-130 which leads to a CR1, they are not different visas.

Just like the I-129 leads to a K1.

Your option is the CR1.

http://www.visajourney.com/content/i130guide1 >>>>>> guides. Disregard the K3 info.

First make sure you are properly married by local law and have the papers to proof it.

If you do not then get married, it does not matter that they think you are already married, follow the local marriage law as Boiler stated.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Cambodia
Timeline

Embassy will refuse visa if they didn't follow local law to get married. US embassy strictly follow local law. Otherwise they will refuse or void their petition and they have to refile again with proper procedure. I know a couple personally had to go through this. They just had traditional wedding and also had a child. But just because they didn't know or followed local law, they voided their application the day of the interview. They had to start all over again from the scratch that took another 2 years to complete.

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

**Posts merged with existing thread.**

pls wat is the difference between I-130 visa, K3 visa and CR-1 visa?? and which is best for me as I have been refused a K1 visa on the 17th of March because I have had a traditional wedding (engagement) and the councilor suggested I file for a spouse visa.....I have had advices from members of the group but the problem is am confused don't knw which will best suits my situation ...I have already done the engagement and have applied for license and have been giving 21 days to wait and come wit my family and my fiance and her family to register the marriage but I don't knw which visa application to choose....
should I choose: K3, I-130 or CR-1???

hi

you will be filing the i130 for the spousal visa, CR1 is the category, your spouse will receive the 2 year conditional green card because you will have been married less than 2 years

the k3 is almost obsolete, if you file the i129f for the K3, it will be administratively closed because it lasts the same as the spousal visa

You should get your "husband" to be doing the research since he is the one to do the filing.

He will file for the petition I-130 for Alien Relative...since your marriage will be under 2yrs, it is be in the CR-1 category when you apply for visa .

this process takes about a year, pricier than the K-1 process.

If you did the traditional wedding , make sure you still receive a marriage certificate. My husband and I had an a white wedding and not a traditional one. The pastor signed the certifcate, but we have to get another one fro the AMA. I had to get a letter from the registrar stating that the marriage took place. and another certified copy. I-130 is the petition that if filed for a visa for a relative /spouse. CR-1 is the category of the I-130 for people married less than 2 years. I think the cr stands for "conditional residency".

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites

  • 2 weeks later...
Filed: K-1 Visa Country: Ghana
Timeline

Mohammed&lisa, I agree with you as to how a lot of members from Ghana don't write or share their experience here.. When something bad happens, that's when most of the members come here and seek solutions.. Whether approved or denied, let's have the courage to push one another.. A lot can be learnt from the approvals and denials.. Let's stop hiding and come out boldly to share our experiences

Mohammed&lisa, I agree with you as to how a lot of members from Ghana don't write or share their experience here.. When something bad happens, that's when most of the members come here and seek solutions.. Whether approved or denied, let's have the courage to push one another.. A lot can be learnt from the approvals and denials.. Let's stop hiding and come out boldly to share our experiences

Last year some time a person from Ghana posted a question about engagements. I gave information specifically pertaining to the Ghana embassy but that person seemed to value the opinion of people not even petitioning from the same continent over mine. I was so adamant because I didn't want their petition to be denied. I asked this same question on the forum as was given the advice not to even include pictures or mention of anything that remotely looks like an engagement. I specifically told said person what I knew to be true and they refused to believe what I said. According to them they included pictures from their engagement with the evidence that they presented to the CO and was approved. I highly doubt that they did such. After their approval they sent me a "nice" message informing me that I'm not god and that I don't know everything. When it comes down to it people will do what they like. All it takes is a quick search on this website to find answers to questions.

goofy.gif My K-1 Timeline goofy.gif

12/04/2013 Mailed K-1 packet to Dallas Lockbox USPS Priority Express (overnight)
12/05/2014 K-1 packet recieved
12/09/2013 Received email and text of NOA1
12//2013 Hard copy of NOA1 received
12/13/2013 Called to speak with tier 2 supervisor to fix errors on I-129F & G325A in hopes of preempting RFE
12/19/2013 Alien registration number changed
04/01/2014 NOA2 (apparently changes preempted RFE)
4/11/2014 NVC Received

4/15/2014 NVC left

4/22/2014 Consulate Received

5/07/2014 Picked up packet 1

5/20/2014 Interview 1 (asked to correct error on bring birth certificate and bring more evidence of relationship)

7/29/2014 Interview 2 (passed visa will be issued on 8/01/2014)
Texas Service Center

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Last year some time a person from Ghana posted a question about engagements. I gave information specifically pertaining to the Ghana embassy but that person seemed to value the opinion of people not even petitioning from the same continent over mine. I was so adamant because I didn't want their petition to be denied. I asked this same question on the forum as was given the advice not to even include pictures or mention of anything that remotely looks like an engagement. I specifically told said person what I knew to be true and they refused to believe what I said. According to them they included pictures from their engagement with the evidence that they presented to the CO and was approved. I highly doubt that they did such. After their approval they sent me a "nice" message informing me that I'm not god and that I don't know everything. When it comes down to it people will do what they like. All it takes is a quick search on this website to find answers to questions.

That was just unnecessary for the person to do that. Similar thing happened to one lady. She got denied and warned another couple to watch out for some things. Well, the lady decided to threw shades at her in her status msg. She went and got denied.. She should have listened.

I like to be warned and be over-prepared than to show up there like a walk in the park.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Link to comment
Share on other sites

  • 4 weeks later...
Filed: K-3 Visa Country: Ghana
Timeline

on the 17th of March my K1 visa application was denied the only reason the consoler gave me was that she can't grant me the k1 fiance visa because my fiance and I have had traditional wedding (engagement) and for that reason we don't qualify for k1 visa.....wat do we do nw???

AM IN ACCRA ...GHANA...WEST AFRICA

Yes now the refuse k1 for any type of meeting the two family as marriage. Trust me including "knocking." I had a friend being refused because the type families have met. I wish you knew earlier so you would have gone straight if IR/CR without wasting your time on K1
Link to comment
Share on other sites

  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

I have notice many of the people here in the Ghana Portal being denied. Do you think we were ill prepared or do you think it was up to the CO. I think many times they only have a few visa to issue for each country. Ghana has so many people trying to come to America I think many of us getting denied due those reason. I have seen some getting approve due to having children also. And if you look at some of the approval are mostly men petitioning their spouses. With this embassy you must be very prepared cause they are not bulging. So if you did the traditional, listen to the people here in the forum. Get married since you already have presented your evidence of the engagement. Make sure you stay in Ghana 21 days so you marriage can be relevant. I wished many times i would have listen to lady that said this to us before my husband and I married. Trust me the CO knows Ghana law!!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

I have notice many of the people here in the Ghana Portal being denied. Do you think we were ill prepared or do you think it was up to the CO. I think many times they only have a few visa to issue for each country. Ghana has so many people trying to come to America I think many of us getting denied due those reason. I have seen some getting approve due to having children also. And if you look at some of the approval are mostly men petitioning their spouses. With this embassy you must be very prepared cause they are not bulging. So if you did the traditional, listen to the people here in the forum. Get married since you already have presented your evidence of the engagement. Make sure you stay in Ghana 21 days so you marriage can be relevant. I wished many times i would have listen to lady that said this to us before my husband and I married. Trust me the CO knows Ghana law!!

Some visa categories are numerically limited.

Just an observation and I have no statistics to back it up, but there seems to be a high percentage of non traditional relationships.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

That's true there are more women requesting men that are not older than they are plus the guys are not working so I think this is real big red flag

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...